Enforcement Action

The Commission has developed a compliance program that sets out actions that need to be taken in the event of non-compliance by traders.

During the course of the Christmas toy survey mentioned above the Commission observed that many traders were selling yo-yo water balls.

The traders selling the products were put on notice by Commission staff that there is an interim ban in place on the supply of these products.

This was followed up by a letter to each trader from the Commission informing the trader that supply of the products may be in contravention of the ICCC Act and they were asked to remove the products. Most agreed and the products were removed.

However, a number persisted. Four were subsequently issued with formal statutory notices by the Commission to provide information to the Commission.

Following a statutory examination of these two suppliers they gave written undertakings to cease supplying the products, to put up notices in their shops of the risks associated with the goods and they agreed to provide refunds to purchasers who returned the products.

The Commission is pursuing other courses of action in respect of the other two. When the Commission became aware of the widespread selling of yo-yo water balls it also undertook an extensive media campaign to put traders on notice and to warn consumers of the risks associated with such products.